Understanding the Council’s Eviction Decision
When your local council decides to evict you from your home, it means they have formally started the process to end your tenancy and require you to leave the property. This decision is serious and can have a significant impact on you and your household, so it’s important to understand why it might happen, your rights, and what you can do next.
A council eviction decision is typically made when the council believes you have broken the terms of your tenancy agreement or there are legal grounds for possession. The council must follow strict legal procedures before they can evict you, which usually involve serving you with a notice and, if necessary, applying to the court for a possession order. The eviction process can be complex, so understanding each step is crucial.
Councils can decide to evict tenants for several reasons, including:
Rent arrears: Falling behind on rent payments is one of the most common reasons.
Anti-social behaviour: Persistent nuisance or criminal behaviour can lead to eviction, especially under the mandatory grounds set out in the Housing Act 1985.
Breach of tenancy agreement: This includes subletting without permission, causing damage to the property, or other violations of your tenancy terms.
End of a fixed-term tenancy: In some cases, the council may decide not to renew your tenancy at the end of the agreed period.
Legal notices: For example, you may receive a Section 21 Notice, which allows the council to seek possession of the property without having to give a specific reason, provided they follow the correct legal process.
You have important rights if the council decides to evict you. These include:
The right to be properly notified: The council must give you a written notice, explaining the reasons for eviction and the date you must leave.
The right to challenge the decision: You can request a review of the council’s decision. This is your opportunity to explain your side, provide evidence, and ask the council to reconsider.
The right to stay until a court order is granted: You do not have to leave your home until the council has obtained a court order for possession.
Access to support and advice: You are entitled to seek help from independent organisations or legal advisors if you are facing eviction. For more on your rights and the process, see being evicted by the council or housing association.
Requesting a review is a crucial step if you believe the council’s decision is unfair, incorrect, or if there are circumstances they have not considered. Common reasons for requesting a review include:
Mistaken facts: The council may have misunderstood your situation, such as the amount of rent arrears or the reasons for alleged anti-social behaviour.
Exceptional circumstances: You may have personal or family circumstances that the council should take into account, such as health issues or vulnerability.
Procedural errors: If the council has not followed the correct legal process, this can be grounds for challenging the decision.
A review gives you the chance to present new information or evidence, and the council must reconsider its decision in light of what you provide. It’s important to act quickly, as there are usually strict time limits for requesting a review.
For a detailed explanation of the legal steps involved and your rights throughout the process, refer to the government’s Understanding the possession action process: A guide for social rented tenants in England.
Understanding your rights and the reasons behind the council’s decision can help you take the right steps to protect your home. If you’re unsure about any part of the process, seek advice as soon as possible to give yourself the best chance of a positive outcome.
How to Request a Review of the Eviction Decision
If your local council has decided to evict you from your home, you have the right to ask them to review their decision. This process gives you a chance to explain why you believe the eviction is unfair or incorrect. Here’s a step-by-step guide on how to request a review, what information to include, and important deadlines to keep in mind.
Before requesting a review, make sure you fully understand why the council is evicting you. Carefully read the eviction notice and any letters you have received. If you’re unsure about any part of the process, see our guide on what to do if you’ve received an eviction notice.
You must request a review within a specific timeframe. Usually, you have 21 days from the date you receive the council’s written eviction decision to ask for a review, but this period can sometimes be shorter or longer depending on the type of tenancy or the council’s own policy. Check the notice or letter you received for the exact deadline. If you miss the deadline, the council may refuse to consider your request.
Your review request can usually be made by letter, email, or by completing a form provided by the council. Some councils have a specific review request form, while others accept a written letter. Contact your council’s housing department to find out their preferred method.
Your name and address – Make it clear who you are and where you live.
Reference number – Include any reference number from the eviction notice or council correspondence.
Statement of request – Clearly state that you are asking for a review of the eviction decision.
Reasons for review – Explain why you believe the council’s decision is wrong or unfair. Be as detailed as possible.
Supporting evidence – Attach any documents that support your case, such as:Medical letters if you have health issues affected by eviction
Evidence of rent payments or payment plans
Letters from support workers or social services
Proof of a change in your circumstances since the eviction notice was issued
Contact details – Provide your phone number and email address so the council can reach you.
“I am writing to request a review of the decision to evict me from [your address], as outlined in your letter dated [date]. I believe this decision should be reconsidered for the following reasons…”
Send your review request to the council’s housing department. Check the eviction notice or the council’s website for the correct contact details. If possible, send your request by recorded delivery or ask for a receipt if you deliver it in person. Keep a copy of everything you send.
Once your request is received, the council will review their decision. They may invite you to a meeting or ask for more information. You have the right to submit more evidence or have someone represent you during the review. The council must inform you of their final decision in writing, usually within 8 weeks of your request.
You should contact the housing department or the officer named in your eviction notice. If you’re unsure, call the council’s main switchboard and ask to speak to the team handling eviction reviews. Some councils also have dedicated homelessness or tenancy support officers who can advise you.
The council’s power to evict and your right to request a review are governed by housing law and, in some cases, the Local Government Act 1972 (see: *As easy as 123 Section 123 of the Local Government Act 1972 considered in R (Cilldara) v West Northamptonshire Council*). These rules set out how councils must act fairly and follow proper procedures when making decisions about your home.
Requesting a review is just one way to challenge an eviction. For more information about your rights and other ways to dispute the council’s decision, read our guide on challenging an eviction.
Remember, acting quickly and providing clear, detailed information can make a real difference to your case. If you need support, you can also seek advice from a housing charity or legal adviser.
What Happens During the Review Process
When you ask your local council to review their decision to evict you, the council must follow a formal process set out in housing law, such as the Housing Act 1996. Here’s what you can expect during the review and what your rights are at each stage.
The review is usually carried out by a senior council officer who was not involved in the original eviction decision. This ensures your case is looked at fairly and independently. The officer will consider all the evidence you provide, including any new information or documents you submit. They will also review the reasons behind the original decision and check whether the correct procedures were followed.
You may be asked to provide written statements, supporting documents, or attend a meeting or hearing. The council must give you a reasonable opportunity to put forward your case and explain why you believe the eviction decision should be changed.
You have important rights throughout the review process:
Representation: You can have someone represent you, such as a solicitor, a friend, or an advocate. This can help you put your case forward more effectively.
Support: You can ask for help from advice services or housing charities. For more guidance, see help if you’re being evicted.
Access to Information: The council must tell you what information they are considering and give you a chance to respond.
Fair Process: The review should be impartial and follow the council’s published procedures.
If you have a disability or need extra support, let the council know so they can make reasonable adjustments.
After reviewing your case, the council will make one of three decisions:
Uphold the Original Decision: If the council believes their original decision was correct, the eviction will go ahead as planned.
Change the Decision: If new evidence or arguments show the original decision was wrong, the council may cancel or change the eviction notice.
Delay the Decision: In some cases, the council may pause the eviction process to gather more information or give you more time to resolve any issues.
The council must tell you their decision in writing, explaining the reasons clearly.
By law, the review process should be completed within 56 days from the date you request a review. In urgent cases, such as when eviction is imminent, the council may make a decision more quickly. If there are delays, the council should keep you informed and explain why.
If the council decides to go ahead with the eviction after the review, you still have options:
You can appeal to the county court if you believe the council did not follow the law or acted unfairly. This is known as a Judicial Review (see Eviction – Citizens Advice for more information).
You may need to prepare for eviction hearings, where a judge will decide whether you can stay in your home.
It’s a good idea to seek advice as soon as possible – see help if you’re being evicted for sources of support.
Remember, you have the right to challenge the council’s decision and to get help throughout the process. Acting quickly and seeking advice can give you the best chance of a positive outcome.
Supporting Your Review Request with Evidence
When you ask your council to review their decision to evict you, providing strong evidence can make a real difference to your case. The council must look at all the information you provide before making a final decision, so it’s important to gather as much relevant evidence as possible. Here’s what you should consider including:
1. Rent Payment Records: If the council’s decision is based on missed rent payments, collect statements, bank records, or receipts that show when you have paid your rent. If you have a payment plan in place or have recently cleared some arrears, include proof of this. Explaining any gaps in payments can also be helpful, especially if you can show you’ve taken steps to address unpaid rent and rent arrears.
2. Communication with the Council or Landlord: Keep copies of all letters, emails, or notes from phone calls between you and the council or your landlord. These can show that you have tried to resolve the issues, asked for help, or responded to warnings.
3. Evidence of Repairs or Property Issues: If the eviction is related to property conditions, provide photos, repair requests, or reports that show any problems with your home and what you’ve done to address them.
To challenge the eviction, you’ll need to explain why you believe the council’s decision is wrong. Supporting evidence could include:
Mistakes or misunderstandings: If the council has incorrect information, provide documents to set the record straight.
Efforts to resolve problems: Show any steps you’ve taken to sort out issues, such as making payments, seeking advice, or negotiating with your landlord.
Impact on your household: Explain how eviction would affect you and your family, especially if it would make you homeless or disrupt children’s education.
If you’re facing eviction due to financial hardship, provide evidence such as:
Recent payslips, benefit statements, or bank statements showing your income
Letters about changes to your benefits or employment
Proof of applications for help with paying rent or other financial support
For health issues, include:
Letters from your GP or hospital
Evidence of any disabilities or long-term health conditions
Details of how your health would be affected by having to move
The council must consider your personal circumstances, especially if you are vulnerable due to age, disability, illness, or caring responsibilities. Under the Homelessness Code of Guidance for Local Authorities, councils are required to assess your needs and take them into account during the review.
It’s a good idea to get advice before you submit your review request. A housing adviser or solicitor can help you understand your rights, gather the right evidence, and present your case clearly. You can get free or low-cost advice from local advice centres, Citizens Advice, or specialist housing charities.
Remember, you usually have 21 days from the date you receive the council’s eviction decision to ask for a review, so act quickly to gather your evidence and seek support if you need it.
By providing clear, detailed evidence and explaining your situation fully, you give yourself the best chance of a successful review.
Your Rights If You Suspect Discrimination in the Eviction
If you believe your council is trying to evict you because of who you are, rather than for a fair reason, you may be facing what’s known as a discriminatory eviction. UK law offers strong protections against this type of unfair treatment, and it’s important to understand your rights and the steps you can take.
A discriminatory eviction happens when a council tries to evict you because of a protected characteristic under the Equality Act 2010. These characteristics include:
Age
Disability
Gender reassignment
Marriage or civil partnership
Pregnancy or maternity
Race
Religion or belief
Sex
Sexual orientation
For example, if you are being evicted because of your race, disability, or religious beliefs, this would be considered discrimination and is unlawful. Councils must make decisions based on your housing situation, not your personal characteristics.
If you suspect discrimination is behind your eviction, it’s important to raise your concerns with the council as soon as possible. When you request a review of the eviction decision, clearly explain why you believe discrimination may have occurred. Provide any evidence you have, such as written communications, witness statements, or details of how you have been treated differently compared to others in similar situations.
You can ask the council to consider your case under their equality duties. Councils are legally required to follow the Equality Act 2010, which means they must not discriminate and must take steps to remove any disadvantage you might face due to your protected characteristic.
The Equality Act 2010 makes it unlawful for councils to discriminate in housing decisions. This includes decisions about evictions. If you can show that the council’s decision was influenced by a protected characteristic, you may have grounds to challenge the eviction and seek a review.
The law also requires councils to make reasonable adjustments for disabled people. For example, if you have a disability that affects your ability to manage paperwork or attend meetings, the council should provide extra support to help you participate in the eviction review process.
If you believe discrimination is involved in your eviction, it’s a good idea to seek advice as soon as possible. You can contact organisations that specialise in housing and discrimination issues, such as Citizens Advice, Shelter, or local law centres. They can help you understand your rights, gather evidence, and communicate effectively with the council.
For more detailed information about your rights and the steps to take if you suspect discrimination, visit our page on discriminatory eviction. You can also read the government’s official Equality Act 2010 guidance for a full explanation of the law.
Remember, you do not have to face this situation alone. Support is available to help you challenge unfair treatment and protect your right to fair housing.
Next Steps If the Review Does Not Stop the Eviction
If the council’s review does not overturn the decision to evict you, it’s important to know that you still have options and rights. Here’s what you can do next:
You may be able to take further legal action by challenging an eviction in court. This is often called an “appeal” or “judicial review.” The process and your chances of success will depend on the reasons for the eviction and whether the council has followed the correct legal procedures under the Housing Act 1996 or other relevant legislation.
Grounds for challenge: You might have grounds if the council made a legal error, did not follow proper procedure, or acted unreasonably.
Time limits: Be aware that there are strict time limits for starting legal proceedings – often as little as 21 days from the council’s final decision.
Getting legal advice: It’s strongly recommended to seek advice from a solicitor or housing adviser before taking this step, as court action can be complex.
If your case goes to court, you’ll need to prepare for eviction hearings. At the hearing, a judge will review the council’s decision and your circumstances. You’ll have the chance to present evidence and explain why you believe the eviction should not go ahead.
To prepare:
Gather all relevant documents, such as letters from the council, your tenancy agreement, and any evidence of your circumstances.
Write down your reasons for opposing the eviction, including any mistakes or unfair treatment by the council.
Consider asking a legal adviser or advocate to represent you or help you prepare your case.
Facing eviction can be overwhelming, but you don’t have to go through it alone. There are organisations and services that can support you, such as Citizens Advice, Shelter, and local housing charities. For more information on your options and how to get support, visit our page on help if you’re being evicted.
Even if the council upholds its decision, you still have legal rights:
You cannot be evicted without a court order.
The council must give you proper notice, usually in writing, stating when you must leave.
If you are vulnerable or have children, the council may have extra duties to help you under the Homelessness Reduction Act 2017.
If you’re unsure about your rights or the council’s responsibilities, seek professional advice immediately.
If eviction goes ahead, you may be entitled to housing assistance from your local authority. This could include emergency accommodation or help finding a new home. The council must assess your situation and may have a duty to help if you are homeless or at risk of homelessness.
Top tips:
Contact your council’s housing department as soon as possible if you need help.
Keep records of all communication with the council and any other agencies.
Don’t ignore letters or court papers – respond promptly to avoid missing important deadlines.
Taking action quickly is essential. Explore all your options, seek advice, and use the support available to protect your housing and your rights.
Understanding Different Eviction Contexts and How They Affect Your Review
When you ask your council to review their decision to evict you, it’s important to understand the specific circumstances of your eviction. The context – such as whether the eviction is due to unpaid rent, or whether your landlord is the council or a private individual – can significantly affect both the review process and your available options.
If you’re facing eviction because of rent arrears, this can influence how your situation is assessed during the review. Councils often have clear policies about evictions for unpaid rent, and they will look closely at the reasons behind your arrears, any steps you’ve taken to resolve them, and whether you’ve engaged with support services. Providing evidence – such as proof of benefits claims, payment plans, or correspondence with your landlord – can help your case. For a detailed explanation of what happens in these situations, see our guide on being evicted for unpaid rent.
It’s also crucial to know whether your eviction is being carried out by the council or by a private landlord, as the rules and protections differ:
Council Evictions: If you rent directly from the council, you are usually a secure tenant. The council must follow strict legal procedures, including serving proper notice and proving to a court that there are legal grounds for eviction – such as serious rent arrears or antisocial behaviour. You have a right to request a review of the eviction decision, and the council must consider your individual circumstances, including any vulnerabilities or support needs.
Private Landlord Evictions: If your landlord is a private individual or company, the process is different. Private landlords often use either a Section 21 notice (no-fault eviction) or a Section 8 notice (where there’s a specific breach, such as rent arrears). The rules for evicting a tenant as a private landlord are set out in the Housing Act 1988, and the process can be quicker or less flexible than with council tenancies. In most cases, you cannot ask the council to review a private landlord’s decision to evict, but you can seek advice or support if you believe the eviction is unlawful.
When requesting a review, the council will look at the reason for your eviction. For example, if you’re being evicted for rent arrears, the council will want to know if you’ve taken steps to address the arrears or if there are underlying issues such as illness or changes in your financial situation. If your eviction is for another reason – like antisocial behaviour or property damage – the review will focus on whether the council has followed the correct procedures and whether the grounds for eviction are justified.
Understanding the reason for your eviction helps you gather the right evidence and arguments for your review. It also affects what support or alternative housing options the council might offer you.
Council Tenancies: More robust legal protections, greater emphasis on support and review, and a formal process that gives you the right to challenge the decision.
Private Landlords: Procedures are governed by the Housing Act 1988, with less scope for review by the council. Notices and court action can proceed more quickly, especially under Section 21.
If you’re unsure which type of eviction you’re facing, or what your rights are, it’s a good idea to seek advice as soon as possible. Understanding your situation will help you respond effectively and make the most of your right to request a review.
